I am noticing a lot of demwits on here
Thinks it is now okay to charge and try American citizens without an investigation oran impartial jury hopefully the police will railroad them very shortly and give them a taste of the justice system they want
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@BlueVeins Hell, imo, there should be. I like the US jury thing, but most of the world doesnt buy into it, and when you look at the history of the US legal system, we've been suffering from, and retreating from 6th amendment bias.
Having ranted, the issue really isn't the jury, imo, as much as being held accountable to someone, be it judge or jury.
Every criminal defendant wants to challenge the bias of his trier of fact, and maybe also his trier of law, and they ought to be able to do it. Bannon, for example, thinks he can't get a fair trial in DC.
Having ranted, the issue really isn't the jury, imo, as much as being held accountable to someone, be it judge or jury.
Every criminal defendant wants to challenge the bias of his trier of fact, and maybe also his trier of law, and they ought to be able to do it. Bannon, for example, thinks he can't get a fair trial in DC.
@BlueVeins No, and even before we adopted a constitution, we had notions like stare decisis and the need for impartial justice. Even the bloody Brits worked to that end, despite having dualling courts of equity and law and turning a blind eye towards Roman law.
That's why we have legal systems, with the opportunity to challenge the fairness of a jury pool, etc.
The problem(s) is (are) that I'm not sure what we're talking about, because Trump isn't on trial and Congress is out there on a limb with this investigation.
We really don't have much precedent as to the "rights" of "targets" of Congressional Investigations, much less rules.
Down the road, if there are prosecutions, there are rules and norms that can apply, but right now, Trump isn't able to defend himself, and it doesn't bother me too much because he's chosen not to participate.
In fact, he really rarely participates in the legal system when push comes to shove, because it would put him in a "perjury trap" to do so.
Are we even talking about Trump, though? Bannon for example is actually more interesting, because he's been charged with a crime and the judge has pretty much said he can't argue his contempt for the law as a defense to his contempt charge.
That's why we have legal systems, with the opportunity to challenge the fairness of a jury pool, etc.
The problem(s) is (are) that I'm not sure what we're talking about, because Trump isn't on trial and Congress is out there on a limb with this investigation.
We really don't have much precedent as to the "rights" of "targets" of Congressional Investigations, much less rules.
Down the road, if there are prosecutions, there are rules and norms that can apply, but right now, Trump isn't able to defend himself, and it doesn't bother me too much because he's chosen not to participate.
In fact, he really rarely participates in the legal system when push comes to shove, because it would put him in a "perjury trap" to do so.
Are we even talking about Trump, though? Bannon for example is actually more interesting, because he's been charged with a crime and the judge has pretty much said he can't argue his contempt for the law as a defense to his contempt charge.
@BlueVeins They don't, but a grand jury is kind of a preliminary hearing, and that is going on now, even though it's secret and the targets don't get full rights to confront their accusers, etc.
Honestly, I think the entire grand jury system is pretty unworkable, but that's a whole different topic.
My guess is OP was whining about all the crap the Select Committee is slinging, and how folks are jumping past the indictment phase to say they should be in jail, and I get that.
We're pretty much Jerry rigging things here, with Congressional hearings pushing and interacting with criminal investigations, and it's not pretty.
Honestly, I think the entire grand jury system is pretty unworkable, but that's a whole different topic.
My guess is OP was whining about all the crap the Select Committee is slinging, and how folks are jumping past the indictment phase to say they should be in jail, and I get that.
We're pretty much Jerry rigging things here, with Congressional hearings pushing and interacting with criminal investigations, and it's not pretty.